Home / Latest News / Former Chief Justice of India S.H. Kapadia passes away in Mumbai at the age of 68 years

Former Chief Justice of India S.H. Kapadia passes away in Mumbai at the age of 68 years

sh-kapadiaJanuary,5,2016: Former Chief Justice of India, Sarosh Homi Kapadia, known for his no-nonsense approach toward corruption, passed away during the intervening night of Monday and Tuesday owing to cardiac arrest.

He was 68 years old. Justice Kapadia is survived by his wife Shernaaz; son, who is a Chartered Accountant; and daughter.

His funeral was held as per Parsi tradition on Monday evening at the ‘Tower of Silence’ at Kemps Corner, south Mumbai. Judges, lawyers and staff of the high court attended his last rites.

Born in 1947 in Mumbai (then Bombay), Justice Kapadia graduated from the city-based Government Law College, the oldest law institute in Asia. Justice Kapadia started his career as a Class IV employee. He later joined Gagrat & Co, a law firm, as a clerk and went on to work with Feroze Damania, a “firebrand” labour lawyer.

Justice Kapadia was appointed as an additional judge of the Bombay high court on October 8, 1991, and as a permanent judge on March 23, 1993. On August 5, 2003, he became the Chief Justice of Uttarakhand high court. On December 18, 2003, he was appointed a judge of the Supreme Court. In May 12, 2010, he was sworn in as the 38th Chief Justice of India and served at the top post till retirement on September 29, 2012.

The judgment, Justice Kapadia will perhaps be most remembered for is the one in Vodafone International Holdings v/s Union of India, where he held that Indian tax authorities did not have territorial jurisdiction to tax offshore transactions.

Notable among the judgments he delivered were quashing of appointment of Chief Vigilance Commissioner P.J. Thomas in 2011 and the dissenting judgment in Lalu Prasad Yadav’s bail cancellation case.

During his tenure as CJI, he was Chairman of General Council of the Gujarat National Law University and Visitor of the National Law School of India University.

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2 comments

  1. very sorry to hear about his demise. he was a straight forward man . he was right in advising that judgement should not be made on Ayodhya issue, a prudential thought. Ayodhya issue was a political issue, that needs a political solution not a court judgement. Justice was correct in his thought.

  2. He was right when he was CJ he appreciated my idea that if one is a 10 year high court advocate, he can be allowed to file cases like an AOR as there need not be that he should pass some AOR examination, after all he has exposure to such work like AOR in the very high court itself. In fact, there is already a provision in SC rules too. Engaging an AOR by him would make the client to spend more money when he is seething with high expenses.
    I try to say he is good in experimenting some ideas too.

    may his soul rest in peace.

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